Terms and Conditions
- THESE TERMS
These are the terms and conditions on which we supply products to you, namely goods as detailed on our website (the “Products”).
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Products to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
We are Japanese Gallery Kensington Limited (trading as Japanese Gallery Kensington), a company registered in England and Wales with Company Registration No 10841426, having our registered office at 66E Kensington Church Street, London W84BY United Kingdom. Our registered VAT number is GB 275 2033 19.
Contact us via our Customer Services team. Our Customer Services team are available during store opening hours:
Monday to Friday: 10am – 6pm
2.3 You can contact us by:
- Visiting us during store opening hours at 66E Kensington Church Street, London W8 4BY United Kingdom.
- Telephoning us during store opening hours (detailed above) on +44 (0)20 7229 2934
- By post by writing to us on Japanese Gallery Kensington, Customer Services, 66E Kensington Church Street, London W8 4BY United Kingdom.
- By emailing us at firstname.lastname@example.org
Our Customer Services team will endeavour to respond to your email within 48 hours of receipt (excluding weekends or days that are national holidays in England).
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
Any reference to “working days” in the terms means any day which is not a weekend or a national holiday in England.
- OUR CONTRACT WITH YOU
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us (the “Contract”).
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the Product.
We will assign an order number to your order and tell you what it is when we accept your order. Please tell us the order number whenever you contact us about your order.
- OUR RIGHTS TO MAKE CHANGES
Products may vary slightly from their pictures. The images and packaging of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
We may change the Product:
- To reflect changes in relevant laws and regulatory requirements.
- To implement minor technical adjustments and improvements.
These changes will not affect your use of the Product.
In addition, we may make other changes to the Product, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
- DELIVERY AND COLLECTION
5.1 Please refer to our Shipping Information section for full details of delivery options.
Notwithstanding the different delivery options that are available to select, the dates stated are estimates only. Subject to clause 5.9, we will deliver all Products within 30 days after we accept your order.
5.2 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
5.3 We are unable to redirect orders once they have been dispatched. If delivery proves impossible or impractical on 2 or more occasions we may need to cancel your order and deduct the original delivery charges from the refund; however we will try to contact you in this case to arrange for a new order to be placed.
If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions.
A Product will be your responsibility from the time we deliver the Product to the address you gave us or you collect it from us using one of the services provided for above. You own a Product once we have received payment in full.
We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the ordering process. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the correct information.
We may have to suspend the supply of a Product to:
- Deal with technical problems or make minor technical changes.
- Update the Product to reflect changes in relevant laws and regulatory requirements.
- Make changes to the Product as requested by you or notified by us to you (see clause 4.3).
We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. If we suspend the supply of a Product, or tell you we are going to suspend the supply of a Product, for a period of more than 30 days, you may contact us to end the Contract and we will refund any sums you have paid in advance for the Product.
- YOUR RIGHTS TO END THE CONTRACT
Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
- If what you have bought is faulty, damaged or misdescribed you may have a legal right to end the Contract. Alternatively, you may get the Product replaced or to get some or all of your money back (please see our Refund Policy).
- If you want to end the Contract because of something we have done or have told you we are going to do, see clause 6.2.1
- If you have just changed your mind about the Product in accordance with clause 6.3, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products; or
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.5.
If you are ending a Contract for a reason set out at 6.2.1 to 6.2.5 below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- We have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 4.3).
- We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed.
- There is a risk that supply of the Products may be significantly delayed because of events outside our control.
- We have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days.
- You have a legal right to end the Contract because of something we have done wrong.
For most Products bought online you have a legal right to change your mind within 14 days after the day you (or someone you nominate) receive the Products and receive a refund.
Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Product is delivered and paid for. If you want to end a Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the Contract.
- HOW TO END THE CONTRACT WITH US
To end the Contract with us before your order has been dispatched, please let us know by doing one of the following:
Call customer services on +44 (0)20 7229 2934; or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. If contacting us by email, please return the confirmation email also.
Consumers are entitled to return any works purchased online for a full refund within 14 days of receiving physical possession of the works. If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to our store address or by post. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the Contract.
When returning an order in the UK, please follow the steps using one of the methods detailed below at clauses 7.4 – 7.6.
UK – Returns by Post: the original card holder who purchased the Products will be credited for the refund. In order to use this method, take your sealed box or bag to a Post Office or courier company and send it to the following address and retaining proof of postage.
Returns should be addressed to: Japanese Gallery Kensington, 66E Kensington Church Street, London W8 4BY, United Kingdom
Online Order Returns to Store: Japanese Gallery Kensington must be informed within 14 days of delivery of your intention to return any item. To return online purchases to the store, we require the Products to be in their original condition and accompanied by an email order confirmation or online dispatch note. Without an email order confirmation or online dispatch note, we cannot allow for the Products to be returned.
The notice to return the item must be accompanied with photographs of damage or discrepancies indicated by you.
All ‘returned’ goods must be delivered to Japanese Gallery Kensington in the same condition as they were sent. Items damaged in transit must be documented (i.e. photographed) on delivery and e-mailed to Japanese Gallery Kensington immediately.
All the original shipment wrap and packaging must be kept by you in order to process a successful compensation claim.
All shipping costs, including packing and insurance are non-refundable and are incurred at the buyer’s expense.
Any deterioration in condition may affect the customer’s right to a full refund. The works will remain the responsibility of the customer until they are physically received by Japanese Gallery Kensington.
Returns are not accepted for works purchased in store. Customers should satisfy themselves about the works purchased before submitting an order, as all in store sales are final.
International Returns (outside of the UK): Products delivered internationally may be returned by the customer using any secure means (which may include their local postal service or DHL.) The original card holder who purchased the Products will be credited for the refund. All terms from 7.5 apply here as well.
We will pay the costs of return:
- If the Products are faulty, damaged or misdescribed.
- If you are ending the Contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- In all other circumstances (including where you are exercising your right to change your mind under clause 6.3) you must pay the costs of return.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
An item can be exchanged if a pre-arranged agreement has been made between you and the Japanese Gallery Kensington. Japanese Gallery Kensington must be informed within 14 days of delivery of your intention to exchange any item. An item can be exchanged for another item in our stock that is at least the same value as the item to be exchanged. If an item is exchanged for a higher value one, the difference in price must be paid by the buyer.